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Mikvaot: Difference between revisions
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→Hashaka with Zochlin
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# If the kosher rainwater pit is moving and the other pit of sheuvim water is stationary, some rishonim hold that there is hashaka to validate the sheuvim water. Others hold that it is invalid and there's no hashaka as long as the kosher water is moving.<ref> Or Zaruah 1:335-6 quotes Rabbenu Simcha who holds that a hashaka from 40 seah of moving rainwater to sheuvim is invalid since it was moving. However, he also quotes that Rabbi Yitzchak Bar Shmuel argues that it is valid as long as it has 40 seah. Rash (Mikvaot 3:3 and 5:2) and Rosh (Bava Kama 7:3) hold like this Rabbi Yitzchak Bar Shmuel about this point. Rid (teshuva 15 s.v. uma sh'hiksheti) clearly disagrees with Rabbi Yitzchak Bar Shmuel and seems to accept Rabbenu Simcha. To summarize, there is a clear machloket in the rishonim if hashaka works to 40 seah of moving rainwater. | # If the kosher rainwater pit is moving and the other pit of sheuvim water is stationary, some rishonim hold that there is hashaka to validate the sheuvim water. Others hold that it is invalid and there's no hashaka as long as the kosher water is moving.<ref> Or Zaruah 1:335-6 quotes Rabbenu Simcha who holds that a hashaka from 40 seah of moving rainwater to sheuvim is invalid since it was moving. However, he also quotes that Rabbi Yitzchak Bar Shmuel argues that it is valid as long as it has 40 seah. Rash (Mikvaot 3:3 and 5:2) and Rosh (Bava Kama 7:3) hold like this Rabbi Yitzchak Bar Shmuel about this point. Rid (teshuva 15 s.v. uma sh'hiksheti) clearly disagrees with Rabbi Yitzchak Bar Shmuel and seems to accept Rabbenu Simcha. To summarize, there is a clear machloket in the rishonim if hashaka works to 40 seah of moving rainwater. | ||
*Igrot Moshe YD 1:113 writes that if a mikveh is kosher and moving it is still possible to have a connection to a kosher mikveh to permit it. Even though a moving mikveh isn’t fit for tevilah it is a kosher mikveh to permit another mikveh. His proof is from the Rash (Mikvaot 3:3 and 5:2) who says that if rainwater of 40 seah is coming into a mikveh and there’s water pouring out of the mikveh that is an acceptable way to validate the mikveh. Bet Yosef 201:20 and Shach 201:55 cite this Rash. Pri Deah (S"D 201:55) is also of this opinion. | *Igrot Moshe YD 1:113 writes that if a mikveh is kosher and moving it is still possible to have a connection to a kosher mikveh to permit it. Even though a moving mikveh isn’t fit for tevilah it is a kosher mikveh to permit another mikveh. His proof is from the Rash (Mikvaot 3:3 and 5:2) who says that if rainwater of 40 seah is coming into a mikveh and there’s water pouring out of the mikveh that is an acceptable way to validate the mikveh. Bet Yosef 201:20 and Shach 201:55 cite this Rash. Pri Deah (S"D 201:55) is also of this opinion. | ||
*Chazon Ish (Tinanya 8:1) holds that a zochlin mikveh is invalid and cannot create hashaka to purify sheuvim. His proof is from the concept of mey tamsiyot shelo pasku. He understands from Raavad that it requires a reviyit to be kosher and therefore it needs the status of a mikveh which is stationary for hashaka to be operative. Chazon Ish 3 is strict and suggests either having the zeriya hole above where the water enters or having a plug. Additionally, Shaarei Mikvaot 201:96 is strict based on the Maharit 2:18. Mishneh Halachot 10:156 is strict. He quotes Maharam Shik 198 who is also strict. | *Chazon Ish (Tinanya 8:1) holds that a zochlin mikveh is invalid and cannot create hashaka to purify sheuvim. His proof is from the concept of mey tamsiyot shelo pasku. He understands from Raavad that it requires a reviyit to be kosher and therefore it needs the status of a mikveh which is stationary for hashaka to be operative. He reiterates his opinion in Kama 3:12 and Tinyanya 3:12. Chazon Ish 3 is strict and suggests either having the zeriya hole above where the water enters or having a plug. Additionally, Shaarei Mikvaot 201:96 is strict based on the Maharit 2:18. Mishneh Halachot 10:156 is strict. He quotes Maharam Shik 198 who is also strict. | ||
*Chelkat Yakov 111 is strict but it isn’t an issue if a little water at the end comes in while it is moving since a majority of mikveh was already kosher with standing zeriya.</ref> | *Chelkat Yakov 111 is strict but it isn’t an issue if a little water at the end comes in while it is moving since a majority of mikveh was already kosher with standing zeriya.</ref> | ||
